Case Digest: Buenaventura Belamala vs. Marcelino Polinar, G.R. No. L 24098

Buenaventura Belamala vs. Marcelino Polinar, G.R. No. L 24098, November 18, 1967

Subject: Obligations and Contracts

FACTS

Buenaventura Belamala was the victim of a physical injury caused by Mauricio Polinar. Polinar was charged with frustrated murder but died before the case was decided. Belamala filed a civil action for damages against Polinar's estate. The administrator of the estate, Marcelino Polinar, objected to the claim, arguing that the death of Polinar extinguished his civil liability.

ISSUE

Whether or not the civil liability was extinguished.

RULING

No, the civil liability was not extinguished. Assuming that for lack of express reservation, Belamala's civil action for damages was to be considered instituted together with the criminal action, still, since both proceedings were terminated without final adjudication, the civil action of the offended party under Article 33 may yet be enforced separately. Such claim in no way contradicts Article 108, of the Penal Code, that imposes the obligation to indemnify upon the deceased offender's heirs, because the latter acquired their decedents obligations only to the extent of the value of the inheritance. Hence, the obligation of the offender's heirs under Article 108 ultimately becomes an obligation of the offender's estate.